Developer files lawsuit against Fayetteville, city attorney to ask council to reconsider vote
FAYETTEVILLE, Ark. (KNWA/KFTA) — A lawsuit has been filed against the City of Fayetteville after the City Council denied an appeal for a Dickson Street student-oriented housing proposal.
A lawsuit filed on May 30 states that real estate developers Trinitas Ventures, LLC are seeking damages after a planned 611-bed housing development on 151 W Dickson St was denied multiple times.
The suit claims that the project was submitted in full compliance with Fayetteville's Unified Development Code and met all required conditions for approval. It further states that although the development was recommended for approval by city staff, it was still ultimately denied at an April 14 meeting, through a 4-3 vote.
Trinitas appealed the Planning Commission's denial of the project to the City Council on April 22.
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The Appeal from the Planning Commission's denial of the project then came before the City Council on May 20. The suit alleges that at that meeting, council members acknowledged that the project was in compliance with Fayetteville's UDC.
However, five council members, Monique Jones, Sarah Moore, Bob Stafford, and Mike Wiederkehr voted against approving the project.
Council members Scott Berna, Sarah Bunch, and D'Andre Jones voted in favor of granting the appeal. While council member Teresa Turk voted in abstention.
Therefore, the appeal was rejected by the council in a 4-3-1 vote. However, the suit filed against the city claims that 'Turk illegally abstained from the vote.'
In count one of the suit, Trinitas is asking for an 'Appeal of Final Administrative Decision.' Count two asks that the judge rule that Trinitas is facing 'Deprivation of Property Rights.'
Through the suit, Trinitas is seeking damages 'including, but not limited to, lost rental revenue, increased loan carrying costs, and travel expenses required for the appeal.' It further states, 'The plaintiff should also be entitled to award of their cost of litigation and reasonable attorney's fees for this litigation and for the appeal to City Council due to the Planning Commission's violation of Fayetteville's UDC.'
Now, Fayetteville's City Attorney, Kit Williams, says he plans to ask the city council to reconsider their vote regarding the development.
In an interview with KNWA/FOX24, Williams says this would allow Turk to remand her vote, and choose to vote 'yes' or 'no.'
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KNWA/FOX24 reached out to the attorney representing Trinitas, Suzanne Clark, who stated that she 'wants the lawsuit to speak for itself.'
Trinitas Ventures, LLC, and Trinitas Development, LLC, are the primary plaintiffs in the suit.
Court records show that the City of Fayetteville, the Fayetteville City Council and the Fayetteville Planning Commission were served with the lawsuit on Monday morning.
The full lawsuit can be found below.
Trinitas-LawsuitDownload
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